Determining the efficacy of First Nation participation in environmental impact assessment : insights from the First Nation of Na-Cho Nyäk Dun

The following thesis work examines the processual barriers to considering First Nation perspectives in environmental and socio-economic impact assessment (EIA). I investigated how the Yukon Environmental and Socio-Economic Assessment Board (YESAB) interprets and evaluates Traditional Knowledge provided by the First Nation of Na-Cho Nyäk Dun (NND) for proposed mining projects. YESAB was established through the Umbrella Final Agreement (UFA), the modern land claim agreement between Yukon First Nations, Canada, and the Yukon Territory. The UFA outlines high-level co-governance objectives for the EIA process, including providing guaranteed opportunities for First Nation participation and utilizing their knowledge and experience throughout the assessment process. Despite these objectives, NND reports that their perspectives and interests have not been meaningfully considered in the process. This thesis is guided by three research questions: (1) What barriers exist to considering First Nation perspectives in EIA? (2) How do EIA practitioners perceive YESAB’s ability to consider multiple perspectives? and (3) How is Traditional Knowledge provided by NND considered and evaluated by YESAB? These questions were addressed through eight semi-structured interviews with EIA practitioners and a document analysis of 24 mining projects assessed between 2018 and 2024. The findings reveal that, despite existing knowledge-sharing mechanisms, the structural design of YESAB inhibits the meaningful consideration of First Nation perspectives. Specifically, YESAB’s process is reinforced by power imbalances, resulting in the inadequate incorporation of Traditional Knowledge into effects assessments and significance determinations for valued components. While YESAB fulfills its obligation to include First Nation perspectives, the procedural incorporation of NND’s concerns remains limited.